Calcutta High CourtCRM(M)/547/2026allowed

Khokan Bera v. State Of West Bengal

2026-03-19Hon'Ble Justice Kausik Chanda2 pages

19.03.2026 Serial no. 31 [Srimanta] (Bail allowed) CRM (M) 547 of 2026 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 read with Section 439 of the Criminal Procedure Code in connection with Bhagawanpur Police Station Case No. 61/2019 dated 08.05.2019 under Sections 341/323/325/307/34 of the Indian Penal Code and 9(B) I.E. Act corresponding to S.C. Case No. 91/2022 -AndIn the matter of : KHOKAN BERA ... ... Petitioner Mr. Prasanta Kumar Pakrashi, Advocate ... ... For the Petitioner.

Ms. Shaila Afrin, Ms. Eshita Dutta, Advocates ... ...For the State.

The petitioner was granted bail on June 15, 2019, by the learned Additional Sessions Judge, 1st Court, Contai. However, as the petitioner violated the conditions of bail, a warrant of arrest was issued against him by the learned Additional Sessions Judge, 1st Court, Contai, Purba Medinipur. The petitioner surrendered on February 4, 2026, and was taken into custody on the same date by the learned Additional Sessions Judge, 1st Court, Contai, Purba Medinipur. He has remained in custody since then. The learned Advocate appearing for the petitioner submits that, due to a miscommunication between the petitioner and his counsel, he was unable to attend the trial proceedings.

Having regard to the period of custody undergone by the petitioner since the date of his re-arrest, this Court is of the view that further custodial detention is not necessary.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/- with two sureties of the like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, Contai, Purba Medinipur.

It is further directed that the petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate any witnesses or tamper with evidence in any manner. Failure on the part of the petitioner to comply with the aforesaid conditions shall entitle the learned trial Court to cancel the bail granted to the petitioner in accordance with law, without any further reference to this Court.

Accordingly, CRM(M)/547/2026 stands allowed.

(Kausik Chanda, J.)